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Advance Payment Guarantees
"I need an Advance Payment Guarantee under Belgian law for a renewable energy project, where our bank will guarantee 鈧5 million to secure an advance payment for wind turbine equipment, with the guarantee valid until March 2025 and incorporating URDG 758 rules."
1. Parties: Identification of the Guarantor (typically a bank), the Beneficiary (party receiving the advance payment), and the Principal (party receiving the guarantee)
2. Background: Brief context of the underlying contract and purpose of the advance payment guarantee
3. Definitions: Key terms used in the guarantee including 'Guaranteed Amount', 'Underlying Contract', 'Expiry Date', etc.
4. Guarantee Amount: Specification of the maximum amount guaranteed and currency
5. Scope of Guarantee: Clear statement of what the guarantee covers and the conditions under which it becomes payable
6. Duration and Validity: Effective date, expiry date, and any conditions affecting the guarantee's validity period
7. Demand Requirements: Process and formal requirements for making a claim under the guarantee
8. Payment Terms: Timeline and method for payment upon valid demand
9. Reduction Clause: Conditions and mechanism for progressive reduction of the guarantee amount
10. Governing Law and Jurisdiction: Specification of Belgian law as governing law and competent courts
1. Force Majeure: Include when specific force majeure provisions are required beyond standard Belgian law provisions
2. Assignment: Include when transfer rights need to be specifically addressed
3. Language: Include when the guarantee might be used internationally to specify the prevailing language version
4. URDG 758 Incorporation: Include when the guarantee should explicitly incorporate ICC Uniform Rules for Demand Guarantees
5. Anti-money Laundering Compliance: Include when specific AML requirements need to be addressed
6. Electronic Demands: Include when electronic submission of demands will be accepted
7. Multiple Currencies: Include when the guarantee amount involves multiple currencies or currency conversion provisions
1. Form of Demand: Template for making a valid demand under the guarantee
2. Underlying Contract Details: Key details of the contract for which the advance payment is being made
3. Reduction Schedule: If applicable, schedule showing the progressive reduction of the guarantee amount
4. Authentication Procedures: Specified format and requirements for authenticating demands
5. Contact Details: List of authorized contacts and addresses for notices for all parties
Authors
Construction
Manufacturing
Infrastructure
Energy
Defense
Telecommunications
Engineering
International Trade
Technology
Industrial Equipment
Renewable Energy
Mining
Oil and Gas
Transportation
Aerospace
Legal
Finance
Treasury
Procurement
Commercial
Risk Management
Compliance
Project Management
Operations
Trade Finance
Banking Relations
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Contract Manager
Project Manager
Procurement Manager
Legal Counsel
Commercial Director
Risk Manager
Banking Relationship Manager
Trade Finance Manager
Financial Controller
Compliance Officer
Business Development Manager
Operations Director
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